Democratic self-government
requires that local officials be accountable to the public for their actions,
and that changes to local laws be achieved either through referenda (in which
the public votes directly) or through an open legislative process in which
representatives debate and vote. No private entity should be in a position to
negate or revise the law to its own benefit, nor should local officials be able
to effectively repeal or amend the law through a back door created by
collective bargaining. As discussed earlier, the Legislature should clarify
that contracts must conform to all relevant state and local laws; contract
terms that violate these laws should be considered “ultra vires” and therefore
void.